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Monday, September 3, 2012

Most cruel judgement by Malaysia's Judges to date


He was detained under the Internal Security Act (ISA), tortured both physically and mentally, forced to drink urine - and now he has to pay RM70,000 to those who tortured him.

abdul malek hussin mafrel interview 140806 lookThanks to the President of the Court of Appeal alaudin md sheriff, Federal Court justice hashim yusof and mohd ghazali mohd yusoff!


Abdul Malek was arrested under the ISA on the night of Sept 25, 1998, after addressing a demonstration earlier that day in Masjid Negara following the sacking and arrest of Anwar (right), who was then deputy prime minister.
He was detained for 57 days, and was later releasedwithout being charged. He then filed his civil suit in March 1999.

stripped naked in an air-conditioned room,blindfolded during interrogation, andphysically assaulted up to 60 times, beaten until he was unconscious, forced to drink urine and subjected to sexual abuse.
He also told the court he saw the then inspector-general of police Abdul Rahim Noor punching him in his chin in the interrogation room when his blindfold accidentally dropped.

High Court judge Mohd Hishamudin Mohd Yunus also ruled in 2007, that the assault by Rahim did indeed take place as there was no denial and also there was no report lodged against Abdul Malek for falsifying his report.
HOWEVER!!!!
The Federal Court had yesterday (12 Aug 2010) upheld the appellate court's decision to overturn the High Court's rarejudgmentto award Abdul Malek RM2.5 million over unlawful detention.

NONEIn fact, the apex court also ruled for Abdul Malek to payRM20,000 to the respondents - special branch officer Borhan Daud, the then inspector-general of police Abdul Rahim Noor (right), and the government.

This is on top of theRM50,000that the Court of Appeal ordered him to pay in costs back in March.

THAT IS RM70,000 ALTOGETHER!


This judgment that could potentially bankrupt him, and with absolutely no more legal recourse, he will now have to turn to help from the public for funds.
Despite that, former Internal Security Act detainee Abdul Malek Hussin (left) has vowed to soldier on.

"I don't know what I can do now. We may have to set up a fund or get help from the other NGOs.

"I don't like the idea, really. But I cannot be declared bankrupt because it would then mean that I have to forfeit a lot of job responsibility," said Abdul Malek, who is now the parliamentary affairs coordinator for opposition leader Anwar Ibrahim.

He said that he will also be in touch with human rights NGO Suaram and there will be a meeting on Monday to discuss the next course of action.

'Ruling is cruel'

When contacted byMalaysiakini, he also slammed the judgment, calling it "cruel".

"They dismissed my leave application. They wouldn't even listen to my case first. This is so cruel. At leastbagi jalan(give way) to listen lah.
"I think the judiciary is scared," he charged.

"The judiciary is supposed to be a bastion for citizens to seek justice. The idea of citizens going to court is primarily to seek justice. Here, the judiciary backs the authoritarian regime. Gone lah.

"(The courts) have failed in their responsibility to impart justice in defence of human rights and against authoritarianism," he said.
He added that with the judgment, the government's exercise in reviewing the ISA will be merely cosmetic.
News like this just make me ashame of my judiciary system! How I wish the BAR Council would be more vocal against such injustice!
Make me one to track all the idiot injustice done by our judiciary.
So far I can remember are the Anwar Sodomy Cases (with regards to evidence), The Perak Government Case (Sivakumar, Nizar and Menteri Besar), The Election Commision issues. Can't remember the rest. At least there is still thiswebsite(and also this website) that gives a good start! If anybody else has anymore to add just leave a comment!
Interestingly these 3 Judges, (alaudin md sheriff, Federal Court justice hashim yusof and mohd ghazali mohd yusoff) has interesting pass.

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